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A BILL TO BE ENTITLED
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AN ACT
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relating to the quasi-judicial enforcement of certain health and |
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safety ordinances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.018(b), Local Government Code, is |
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amended to read as follows: |
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(b) In an action under this section, the municipality may |
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also bring: |
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(1) a claim for civil penalties under Section 54.017; |
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and |
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(2) an action in rem against the structure that may |
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result in a judgment against the structure as well as a judgment |
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against the defendant. |
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SECTION 2. Section 54.040(a), Local Government Code, is |
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amended to read as follows: |
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(a) An order issued under Section 54.036, including any |
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civil penalties assessed under Section 54.036(5), is enforceable in |
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the same manner as provided in Sections 214.001(k), (m), (n), and |
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(o). An abstract of judgment shall be ordered [issued] against all |
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parties found to be the owners of the subject property or in |
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possession of that property. |
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SECTION 3. Sections 214.003(a), (b), (c), and (i), Local |
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Government Code, are amended to read as follows: |
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(a) A home-rule municipality may bring an action in district |
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court against an owner of property that is not in substantial |
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compliance with: |
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(1) the municipal ordinances regarding: |
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(A) [(1)] fire protection; |
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(B) [(2)] structural integrity; |
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(C) [(3)] zoning; or |
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(D) [(4)] disposal of refuse; or |
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(2) a municipal ordinance described by Section |
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54.012(1), (2), (5), (6), (7), or (9). |
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(b) Except as provided by Subsection (c), the court may |
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appoint as a receiver for the property a nonprofit organization or |
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an individual with a demonstrated record of rehabilitating |
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properties if the court finds that: |
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(1) the structures on the property are in violation of |
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the standards set forth in Section 214.001(b) and an ordinance |
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described by Subsection (a); |
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(2) notice of violation was given to the record owner |
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of the property; and |
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(3) a public hearing as required by Section 214.001(d) |
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has been conducted. |
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(c) A receiver appointed under Subsection (b) may act [The
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court may appoint] as a receiver for any property, including |
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historic property subject to Section 214.00111 [a nonprofit
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organization or an individual with a demonstrated record of
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rehabilitating historical buildings if the court finds that:
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[(1)
the structures on the property are in violation
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of the standards established under Section 214.001(b) and an
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ordinance described by Subsection (a);
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[(2)
the structure has been reviewed by the municipal
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historic preservation board and the structure meets the criteria
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set forth in Section 214.00111;
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[(3)
notice of the violation was given to the record
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owner of the property; and
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[(4)
a public hearing as required by Section 214.001
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has been conducted]. |
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(i) Any record lienholder may, after initiation of an action |
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by a municipality: |
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(1) intervene in the action; and |
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(2) request appointment as a receiver: |
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(A) under the same conditions as the nonprofit |
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organization or individual; and |
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(B) on a demonstration to the court of an ability |
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and willingness to rehabilitate the property. |
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SECTION 4. This Act takes effect September 1, 2009. |
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